Proposed Collection; Comment Request, 74984-74985 [2023-24069]

Download as PDF 74984 Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. DoD Clearance Officer: Ms. Angela Duncan. Requests for copies of the information collection proposal should be sent to Ms. Duncan at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil. Dated: October 24, 2023. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2023–24063 Filed 10–31–23; 8:45 am] BILLING CODE 6001–FR–P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA–2023–HQ–0016] Proposed Collection; Comment Request U.S. Army Corps of Engineers (USACE), Department of the Army, Department of Defense (DoD). ACTION: 60-Day information collection notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995, the U.S. Army Corps of Engineers announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Consideration will be given to all comments received by January 2, 2024. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Mail: Department of Defense, Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 19:48 Oct 31, 2023 Jkt 262001 Transparency, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350–1700. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to Headquarters, U.S. Army Corps of Engineers, 441 G Street NW, Washington, DC 20314–1000, ATTN: Mr. Matt Wilson, or call 202–761–5856. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB Number: Jurisdictional Determination Forms and Aquatic Resources Delineation Forms; ENG Forms 6116 (0– 9), 6245–6250, 6281 (1–2); OMB Control Number 0710–0024. Needs and Uses Jurisdictional Determination Forms The U.S. Army Corps of Engineers (Corps), through its Regulatory Program, regulates certain activities in waters of the United States (WOTUS), pursuant to Section 404 of the Clean Water Act (CWA). WOTUS are defined under 33 CFR part 328. The Corps also regulates certain activities in ‘‘navigable waters of the United States’’ pursuant to Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA). The Corps has authorized its district engineers to issue formal determinations concerning the applicability of the CWA or the RHA to tracts of land. (See 33 CFR 320.1(a)(6)). These formal determinations concerning the applicability of the CWA or RHA to tracts of land are known as ‘‘jurisdictional determinations.’’ Approved jurisdictional determinations (AJDs) and preliminary JDs (PJDs) are tools used by the Corps to help implement Section 404 of the CWA (33 U.S.C. 1344) and Sections 9 and 10 of the RHA (33 U.S.C. 401, et seq.). Both types of JDs specify what geographic areas will be treated as subject to regulation by the Corps under one or both statutes. On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final ‘‘Revised Definition of ‘Waters PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 of the United States’’’ rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of ‘‘waters of the United States’’ to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. The conforming rule, ‘‘Revised Definition of ’Waters of the United States’; Conforming,’’ published in the Federal Register and became effective on September 8, 2023. As a result of ongoing litigation on the January 2023 Rule, the agencies are currently implementing the January 2023 Rule, as amended by the conforming rule, in 23 states, the District of Columbia, and the U.S. Territories. In the other 27 states and for certain parties, the agencies are interpreting ‘‘waters of the United States’’ consistent with the pre-2015 regulatory regime and the Supreme Court’s decision in Sackett until further notice. This information collection request thus implements the collections of information associated with the Corps’ implementation of the 2023 Rule, as amended, and the pre-2015 regime consistent with Sackett. The Corps intends to implement the 2023 Conforming Rule and the pre-2015 regime consistent with Sackett using two forms, which consist of the Preliminary Jurisdictional Determination Form (PJD Form) and a ‘‘JD Request Form.’’ Under the most recent regulatory regimes (the September 2023 Conforming Rule and the pre-2015 regime consistent with Sackett), the Corps has elected to use a Memorandum for Record (MFR) instead of a JD ‘‘form’’ to document the basis of its jurisdictional decisions under those two regimes. While we are including four separate AJD Forms in this package, including (1) the ‘‘pre-2015 regime (a.k.a., ‘‘Rapanos’’)’’ AJD Form, (2) The pre-2015/Rapanos ‘‘dry land’’ AJD Form, (3) the 2020 NWPR AJD Form, and (4) the January 2023 Rule AJD Form, none of those four AJD Forms are currently in use. Even though these four forms are not currently in use, they are included in this collection for historical purposes. Therefore, there a total of six JD forms (the PJD Form, the JD Request Form, and the 4 historical AJD Forms) in this collection. E:\FR\FM\01NON1.SGM 01NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices Aquatic Resource Delineation Datasheets Request for Corps Jurisdictional Determination (ENG 6247) In order for the Corps to determine the amount and extent of aquatic resources at a site, the Corps must geographically delineate aquatic resources in accordance with established regulations, policy, and guidance. The aquatic resource delineation datasheets fall into two main categories: (1) the ENG 6119 (0–9) series, which are our automated wetland determination data sheets (ADS) and (2) the Ordinary High Water Mark (OHWM) field identification datasheet. To delineate wetlands, the Corps uses the 1987 Corps of Engineers Wetlands Delineation Manual (Corps Manual) and the most current applicable regional supplements. There are ten wetland data sheets in total but these really are one single collection that is split into 10 regional sub-forms. The ADSs streamline the information collection process by incorporating reference material and analytical processes directly into the form, which is provided as a Microsoft Excel document rather than the PDF form included in the regional supplements. Additionally, the ADSs automate data analysis using information input by the respondent (e.g., the ‘‘dominance test’’ for wetland vegetation), which will reduce the time and effort required to complete these processes. Non-tidal, non-wetland waters of the United States, which are defined in 33 CFR part 328, must be delineated to the extent of the ordinary high water mark (OHWM), which is defined at 33 CFR 328.3(c)(4) and 33 CFR 329.11(a)(1). Regulatory Guidance Letter (RGL) 05–05 provides guidance on identification of OHWM. In 2022, the Corps released a draft Engineer Research and Development Center Technical Report, ‘‘National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams’’ (Draft National Manual), which is the first national manual that provides and describes indicators and a methodology which will help improve consistency in the identification and delineation of the OHWM by (1) providing consistent definitions of OHWM indicators; (2) outlining a clear, step-by-step process for identifying the OHWM using a Weight-of-Evidence approach; and (3) providing a datasheet for logging information at a site. As part of the development of the Draft National Manual, the Corps developed a Data Sheet (ENG 6250) for facilitating documentation of the OHWM. Affected Public: Individuals or households. Annual Burden Hours: 2,815. Number of Respondents: 16,891. Responses per Respondent: 1. Annual Responses: 16,891. Average Burden per Response: 10 minutes. VerDate Sep<11>2014 19:48 Oct 31, 2023 Jkt 262001 Approved Jurisdictional Determination Forms (ENG 6245, 6248, & 6281) Annual Burden Hours: 1,670. Number of Respondents: 668. Responses per Respondent: 1. Annual Responses: 668. Average Burden per Response: 150 minutes. Rapanos Dry Land AJD Form (ENG 6246) Annual Burden Hours: 61. Number of Respondents: 243. Responses per Respondent: 1. Annual Responses: 243. Average Burden per Response: 15 Minutes. Preliminary JD Form (Eng 6249) Annual Burden Hours: 625. Number of Respondents: 1,500. Responses per Respondent: 1. Annual Responses: 1,500. Average Burden per Response: 25 Minutes. Ordinary High Water Mark Data Sheet (Eng 6250) Annual Burden Hours: 19,990. Number of Respondents: 39,980. Responses per Respondent: 1. Annual Responses: 39,980. Average Burden per Response: 30 Minutes. Automated Wetland Data Sheets (Eng 6116 (0–9)) Annual Burden Hours: 48,692. Number of Respondents: 48,692. Responses per Respondent: 2. Annual Responses: 97,384. Average Burden per Response: 30 Minutes. Total Annual Burden Hours: 73,853. Number of Respondents: 107,974. Annual Responses: 156,666. Frequency: On Occasion. Dated: October 24, 2023. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2023–24069 Filed 10–31–23; 8:45 am] BILLING CODE 6001–FR–P PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 74985 DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD–2023–HA–0068] Submission for OMB Review; Comment Request Office of the Assistant Secretary of Defense for Health Affairs (OASD(HA)), Department of Defense, (DoD). ACTION: 30-Day information collection notice. AGENCY: The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. DATES: Consideration will be given to all comments received by December 1, 2023. SUMMARY: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Angela Duncan, 571–372–7574, whs.mcalex.esd.mbx.dd-dod-informationcollections@mail.mil. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB Number: Third Party Collection Program (Insurance Information); DD Form 2569; OMB Control Number 0720–0055. Type of Request: Extension. Number of Respondents: 3,570,000. Responses per Respondent: 1.5. Annual Responses: 5,355,000. Average Burden per Response: 4 minutes. Annual Burden Hours: 357,000 hours. Needs and Uses: The DoD is authorized to collect ‘‘reasonable charges’’ from third party payers for the cost of inpatient and outpatient services rendered at military treatment facilities (MTFs) to military retirees, all dependents, and other eligible beneficiaries who have private health insurance. The DoD may also collect the cost of trauma or other medical care provided from civilians (or their insurers), and/or the average cost of health care provided to beneficiaries at DoD MTFs from other federal agencies. For DoD to perform such collections, eligible beneficiaries may elect to provide DoD with other health insurance information. For civilian ADDRESSES: E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Notices]
[Pages 74984-74985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24069]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2023-HQ-0016]


Proposed Collection; Comment Request

AGENCY: U.S. Army Corps of Engineers (USACE), Department of the Army, 
Department of Defense (DoD).

ACTION: 60-Day information collection notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
U.S. Army Corps of Engineers announces a proposed public information 
collection and seeks public comment on the provisions thereof. Comments 
are invited on: whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; the 
accuracy of the agency's estimate of the burden of the proposed 
information collection; ways to enhance the quality, utility, and 
clarity of the information to be collected; and ways to minimize the 
burden of the information collection on respondents, including through 
the use of automated collection techniques or other forms of 
information technology.

DATES: Consideration will be given to all comments received by January 
2, 2024.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Department of Defense, Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency, 
4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-
1700.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
internet at https://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: To request more information on this 
proposed information collection or to obtain a copy of the proposal and 
associated collection instruments, please write to Headquarters, U.S. 
Army Corps of Engineers, 441 G Street NW, Washington, DC 20314-1000, 
ATTN: Mr. Matt Wilson, or call 202-761-5856.

SUPPLEMENTARY INFORMATION: 
    Title; Associated Form; and OMB Number: Jurisdictional 
Determination Forms and Aquatic Resources Delineation Forms; ENG Forms 
6116 (0-9), 6245-6250, 6281 (1-2); OMB Control Number 0710-0024.

Needs and Uses

Jurisdictional Determination Forms

    The U.S. Army Corps of Engineers (Corps), through its Regulatory 
Program, regulates certain activities in waters of the United States 
(WOTUS), pursuant to Section 404 of the Clean Water Act (CWA). WOTUS 
are defined under 33 CFR part 328. The Corps also regulates certain 
activities in ``navigable waters of the United States'' pursuant to 
Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA). The 
Corps has authorized its district engineers to issue formal 
determinations concerning the applicability of the CWA or the RHA to 
tracts of land. (See 33 CFR 320.1(a)(6)). These formal determinations 
concerning the applicability of the CWA or RHA to tracts of land are 
known as ``jurisdictional determinations.'' Approved jurisdictional 
determinations (AJDs) and preliminary JDs (PJDs) are tools used by the 
Corps to help implement Section 404 of the CWA (33 U.S.C. 1344) and 
Sections 9 and 10 of the RHA (33 U.S.C. 401, et seq.). Both types of 
JDs specify what geographic areas will be treated as subject to 
regulation by the Corps under one or both statutes.
    On August 29, 2023, the U.S. Environmental Protection Agency (EPA) 
and Department of the Army (the agencies) issued a final rule to amend 
the final ``Revised Definition of `Waters of the United States''' rule, 
published in the Federal Register on January 18, 2023. This final rule 
conforms the definition of ``waters of the United States'' to the U.S. 
Supreme Court's May 25, 2023, decision in the case of Sackett v. 
Environmental Protection Agency. Parts of the January 2023 Rule are 
invalid under the Supreme Court's interpretation of the Clean Water Act 
in the Sackett decision. Therefore, the agencies have amended key 
aspects of the regulatory text to conform it to the Court's decision. 
The conforming rule, ``Revised Definition of 'Waters of the United 
States'; Conforming,'' published in the Federal Register and became 
effective on September 8, 2023.
    As a result of ongoing litigation on the January 2023 Rule, the 
agencies are currently implementing the January 2023 Rule, as amended 
by the conforming rule, in 23 states, the District of Columbia, and the 
U.S. Territories. In the other 27 states and for certain parties, the 
agencies are interpreting ``waters of the United States'' consistent 
with the pre-2015 regulatory regime and the Supreme Court's decision in 
Sackett until further notice.
    This information collection request thus implements the collections 
of information associated with the Corps' implementation of the 2023 
Rule, as amended, and the pre-2015 regime consistent with Sackett. The 
Corps intends to implement the 2023 Conforming Rule and the pre-2015 
regime consistent with Sackett using two forms, which consist of the 
Preliminary Jurisdictional Determination Form (PJD Form) and a ``JD 
Request Form.'' Under the most recent regulatory regimes (the September 
2023 Conforming Rule and the pre-2015 regime consistent with Sackett), 
the Corps has elected to use a Memorandum for Record (MFR) instead of a 
JD ``form'' to document the basis of its jurisdictional decisions under 
those two regimes. While we are including four separate AJD Forms in 
this package, including (1) the ``pre-2015 regime (a.k.a., 
``Rapanos'')'' AJD Form, (2) The pre-2015/Rapanos ``dry land'' AJD 
Form, (3) the 2020 NWPR AJD Form, and (4) the January 2023 Rule AJD 
Form, none of those four AJD Forms are currently in use. Even though 
these four forms are not currently in use, they are included in this 
collection for historical purposes. Therefore, there a total of six JD 
forms (the PJD Form, the JD Request Form, and the 4 historical AJD 
Forms) in this collection.

[[Page 74985]]

Aquatic Resource Delineation Datasheets

    In order for the Corps to determine the amount and extent of 
aquatic resources at a site, the Corps must geographically delineate 
aquatic resources in accordance with established regulations, policy, 
and guidance. The aquatic resource delineation datasheets fall into two 
main categories: (1) the ENG 6119 (0-9) series, which are our automated 
wetland determination data sheets (ADS) and (2) the Ordinary High Water 
Mark (OHWM) field identification datasheet.
    To delineate wetlands, the Corps uses the 1987 Corps of Engineers 
Wetlands Delineation Manual (Corps Manual) and the most current 
applicable regional supplements. There are ten wetland data sheets in 
total but these really are one single collection that is split into 10 
regional sub-forms. The ADSs streamline the information collection 
process by incorporating reference material and analytical processes 
directly into the form, which is provided as a Microsoft Excel document 
rather than the PDF form included in the regional supplements. 
Additionally, the ADSs automate data analysis using information input 
by the respondent (e.g., the ``dominance test'' for wetland 
vegetation), which will reduce the time and effort required to complete 
these processes.
    Non-tidal, non-wetland waters of the United States, which are 
defined in 33 CFR part 328, must be delineated to the extent of the 
ordinary high water mark (OHWM), which is defined at 33 CFR 328.3(c)(4) 
and 33 CFR 329.11(a)(1). Regulatory Guidance Letter (RGL) 05-05 
provides guidance on identification of OHWM. In 2022, the Corps 
released a draft Engineer Research and Development Center Technical 
Report, ``National Ordinary High Water Mark Field Delineation Manual 
for Rivers and Streams'' (Draft National Manual), which is the first 
national manual that provides and describes indicators and a 
methodology which will help improve consistency in the identification 
and delineation of the OHWM by (1) providing consistent definitions of 
OHWM indicators; (2) outlining a clear, step-by-step process for 
identifying the OHWM using a Weight-of-Evidence approach; and (3) 
providing a datasheet for logging information at a site. As part of the 
development of the Draft National Manual, the Corps developed a Data 
Sheet (ENG 6250) for facilitating documentation of the OHWM.
    Affected Public: Individuals or households.
Request for Corps Jurisdictional Determination (ENG 6247)
    Annual Burden Hours: 2,815.
    Number of Respondents: 16,891.
    Responses per Respondent: 1.
    Annual Responses: 16,891.
    Average Burden per Response: 10 minutes.
Approved Jurisdictional Determination Forms (ENG 6245, 6248, & 6281)
    Annual Burden Hours: 1,670.
    Number of Respondents: 668.
    Responses per Respondent: 1.
    Annual Responses: 668.
    Average Burden per Response: 150 minutes.
Rapanos Dry Land AJD Form (ENG 6246)
    Annual Burden Hours: 61.
    Number of Respondents: 243.
    Responses per Respondent: 1.
    Annual Responses: 243.
    Average Burden per Response: 15 Minutes.
Preliminary JD Form (Eng 6249)
    Annual Burden Hours: 625.
    Number of Respondents: 1,500.
    Responses per Respondent: 1.
    Annual Responses: 1,500.
    Average Burden per Response: 25 Minutes.
Ordinary High Water Mark Data Sheet (Eng 6250)
    Annual Burden Hours: 19,990.
    Number of Respondents: 39,980.
    Responses per Respondent: 1.
    Annual Responses: 39,980.
    Average Burden per Response: 30 Minutes.
Automated Wetland Data Sheets (Eng 6116 (0-9))
    Annual Burden Hours: 48,692.
    Number of Respondents: 48,692.
    Responses per Respondent: 2.
    Annual Responses: 97,384.
    Average Burden per Response: 30 Minutes.
Total
    Annual Burden Hours: 73,853.
    Number of Respondents: 107,974.
    Annual Responses: 156,666.
    Frequency: On Occasion.

    Dated: October 24, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-24069 Filed 10-31-23; 8:45 am]
BILLING CODE 6001-FR-P
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